Chance recovery of narcotics does not necessitate prior written information under Section 42 of the NDPS Act, and compliance with Section 50 was satisfactorily observed.

1.Invoking the appellate jurisdiction of this Court under S.374(2) of the Code Criminal Procedure, 1973 (hereinafter referred to as ' CrPC' ) , appellant herein Chitaranjan Mandal has preferred this statutory appeal against the judgment of conviction and order of sentence dated 27-1-2003 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act'), Bestar at Jagdalpur in Special Case No. 39/2002, whereby and whereunder the appellant has been convicted for commission of an offence punishable under S.20(b) (ii) (B) of the NDPS Act and sentenced to undergo rigorous imprisonment for four years and six months and to pay fine of Rs. 20,000/-, in default of payment of fine amount, to undergo additional rigorous imprisonment for one year.

2. The prosecution case in brief as unfolded during the course of trial is as under: -
2.1 On 20-9-2002, Mohan Lal Pandey (PW 4), Assistant Sub-Inspector, Police Station Dornapal after making endorsement of his departure in Rojnamcha Sanha No. 634 (Exhibit P - 10C) along with member of his staff went to village Manikonta for investigation of Crime No. 28/2002 registered for the offence punishable under S.279 and S.337 of the Indian Penal Code.
2.2 It is further case of the prosecution that on the said day i.e. on 20-9-2002, while the police party was coming back from village Manikonta, near cremation ground of village Penta, they saw that the appellant - Chitaranjan Mandal along with one suitcase standing on the road, and when they went near the appellant, the accused / appellant seeing the police party, he got scared and tried to move away from the spot. Upon this, he was nabbed by the police and upon examination of suitcase, smell of some contraband like ganja (Cannabis) was coming out from the suitcase. Then, he was given notice Exhibit P - 2 under S.50 of the NDPS Act to get himself searched either before a Magistrate or before a Gazetted Officer. Mohan Lal Pandey (PW 4) and other members of the staff gave search of themselves to the appellant vide Exhibit P - 3. Then, the appellant gave his consent and agreed for search by the police officer and thereafter, the Panchnama of suitcase was made vide Exhibit P - 4 and recovered item was identified as Ganja (Cannabis) vide Exhibit P - 5. They arranged the weighing machine and its identification vide Exhibit P - 6, thereafter, steps were taken by the Police Officers to weigh the article, they found 9 kg. of Ganja (Cannabis). Out of the said contraband, two packets of 25-25 grams were taken out as sample and rest of the contraband sealed vide Panchnama Exhibit P - 7. The said seizure was made in presence of witnesses i.e. Suresh Singh Chouhan (PW 2) and Suryapal Singh (PW 3) Vide Exhibit P - 8. Thereafter, the appellant was arrested vide Exhibit P - 9. First Information Report was registered on 20-9-2002 at 18:46 hours vide Exhibit P - 13 for the commission of offence under S.8/20(Kha) of the NDPS Act and an information was given to the Additional Superintendent of Police, Sukma, District Dantewada under S.57 of the NDPS Act vide Exhibit P - 15 on 21-9-2002. The sample of seized article (Ganja) was sent for its chemical analysis vide Exhibit P - 18, and the report dated 30-9-2002 was received from the Chemical Analyst vide Exhibit P - 20, in which, seized article was found to be Ganja, which is Cannabis within the meaning of S.2(iii) (b) of the NDPS Act. Thereafter, a charge - sheet was filed against the appellant for commission of the offence punishable under S.20(b) (ii) (B) of NDPS Act f